Chilean housing policy: a pendant human rights perspective

Abstract

Purpose

This paper aims to analyse the Chilean housing policy from a human rights perspective. The work is based on the framework to study socio, economic and social rights as human rights developed by the current special rapporteur on extreme poverty and human rights to describe the steps undertaken by the Chilean State in terms of recognition, institutionalisation and accountability of the right to adequate housing.

Design/methodology/approach

First, the authors describe the different levels of legal recognition of the right and the lack of constitutional and legislative recognition in the different levels of the Chilean Legal System. Second, they analyse the Chilean Housing Policy and the institutionalisation of the different elements that compose the right to adequate housing, describing and critically reviewing the Chilean housing policy in the past 30 years. The final section analyses the accountability of such policy, taking into consideration the developments of international and regional mechanisms and the processes of accountability lead by civil society and tribunals.

Findings

The paper concludes that a human rights perspective of the right to adequate housing with legal recognition could improve the accountability, the results and development of the Chilean housing policy.

Originality/value

The importance of this paper is both empirical and theoretical. Empirically, this paper adds to the current understanding of housing policies in Chile, aiming to complete the narrative of housing laws at the national level. Theoretically, this paper uses for the first time a recognition, institutionalisation and accountability human rights approach to analyse the Chilean housing policies and its loopholes at the national level.

Citation

Smart, S. and Burgos, V. (2018), "Chilean housing policy: a pendant human rights perspective", Journal of Property, Planning and Environmental Law, Vol. 10 No. 3, pp. 187-201. https://doi.org/10.1108/JPPEL-02-2018-0004